Councillor seeks to challenge town improvement plan over pollution concerns

An independent councillor is seeking to bring a High Court challenge to a plan to improve the centre of a Co Leitrim town as he believes dust and run-off created by the works could lead to potential pollution of a river.

Cllr Des Guckian is seeking to bring judicial review proceedings against An Bord Pleanála over its decision last March that an assessment of the Mohill plan was not required under the EU Habitats Directive.

This would assess whether or not the proposal is likely to result in significant adverse effects to the integrity of any neighbouring areas of conservation.

The River Rinn, which is a designated natural heritage area, runs under Main Street, Mohill and is upstream from Lough Forbes, which is in a special area of conservation.

Relocation

Mr Guckian objected to Leitrim County Council’s Mohill “public realm scheme” to improve the town centre, including relocation of street lighting and furniture and improving landscaping.

He believes the works are likely to cause a discharge of dust, rubble and other material that will make its way into the drains and waterways and contribute to what he says is the “ongoing pollution” of the river, local lakes and bog areas.

The councillor asked the board last January for a determination as to whether an appropriate assessment under the EU Directive should be carried out. The board refused.

Alan Doyle BL, for Mr Guckian, on Wednesday asked Mr Justice Charles Meenan for permission to bring judicial review proceedings in a one-side-only represented application.

The judge directed the board and the council, which is a notice party, should be put on notice of the application and the matter could return before him next month.